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Did Trump Just Empower States and Cities to Regulate Labor Relations?
Did Trump Just Empower States and Cities to Regulate Labor Relations?
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The TikTok Ban and the Limits of the First Amendment

The Supreme Court’s unanimous affirmation of the TikTok Ban reveals a dangerous weakness in the First Amendment: its failure to protect against government repression that targets the economic infrastructure of speech, rather than speech itself — precisely the kind of repression that is likely to be a hallmark of the second Trump presidency.

The Institutional Neutrality Trap

An increasing number of universities want to restrict their leaders from speaking about issues of public concern. This push for “neutrality” is a key piece of a broader conservative campaign to suppress speech that conservatives don’t like. It also offers a lesson about what we can expect of powerful institutions in the second Trump era.

Recent

The Anti-Democratic Rise of Super-Property

Trust law, originally devised as a way to protect the assets of vulnerable parties, has undergone a wholesale transformation in the past half-century. It now primarily serves the rich by providing them with a new form of super-property, insulated from taxation, reporting requirements, and creditor claims. How did this perversion of trust law come about? And. . .

Weekly Roundup: Jan 31

Gaurav Mukherjee on America’s first religious charter school, Beth Popp Berman on the relevance of policy-adjacent scholarship in a broken world, and Evan Bernick on the anti-constitutional attack on birthright citizenship. Plus, a lefty law conference at HLS, an(other!) event with Dean Spade, a CfP on offshore finance, and new pieces by Jan-Werner Müller,. . .

America’s First Religious Public School?

This past Friday, the Supreme Court granted cert in a case that concerns the first religious charter school in the United States. But this case is not merely about school choice or religious freedom — it also reflects a broader contest over how law structures public responsibility and private power.

Weekly Roundup: Jan 24

A.J. Bauer on how to oppose Trumpism, Genevieve Lakier on the TikTok Ban and the limits of the First Amendment, and Chrystin Ondersma on a dignity-based approach to debt. Plus, upcoming events with Dean Spade on sticking together and Michael Fakhri on Palestianian Food Sovereignty, CFPs for workshops on social reproduction and the post-neoliberal moment. . .

A Dignity-Based Approach to Debt

One in three Americans has a debt that has been handed over to a collection agency. Lawmakers continue to throw credit at the problem and punish borrowers when they struggle to repay. To escape this cycle, we need an approach to debt relief based on the principle of human dignity, a foundational concept in human rights law.

Weekly Roundup: Jan 17

Amy Kapczynski on institutional neutrality rules, and Greg Baltz on tenant union organizing in the shadow of law. Plus, a changing of the guard on the LPE editorial board, a CFP on Carceral Political Economy, a lunch talk with Dean Spade, two political-economy focused post-doc positions, Jasmine Harris on conservatorships, Jonathan Harris on the FTC’s non-compete. . .